98 S1 PCS: For the People Act of 2021 U.S. Senate 2021-08-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IICalendar No. 123117th CONGRESS1st SessionS. 1IN THE SENATE OF THE UNITED STATESMarch 17 (legislative day, March 16), 2021Mr. Merkley (for himself, Ms. Klobuchar, Mr. Schumer, Mr. Durbin, Mr. Leahy, Mr. Whitehouse, Mrs. Gillibrand, Mr. Van Hollen, Ms. Baldwin, Mr. Bennet, Mr. Cardin, Mr. Carper, Ms. Warren, Mr. Booker, Mr. Murphy, Mr. Warner, Mr. Wyden, Mrs. Murray, Mr. Menendez, Mr. Peters, Mr. Blumenthal, Mr. Casey, Mrs. Feinstein, Mr. Sanders, Mr. Markey, Ms. Smith, Ms. Stabenow, Mr. King, Ms. Duckworth, Ms. Cantwell, Mr. Kaine, Mr. Reed, Mr. Brown, Mr. Coons, Mr. Heinrich, Mr. Schatz, Ms. Cortez Masto, Ms. Hirono, Ms. Rosen, Ms. Hassan, Mrs. Shaheen, Mr. Tester, Ms. Sinema, Mr. Hickenlooper, Mr. Kelly, Mr. Luján, Mr. Warnock, Mr. Padilla, and Mr. Ossoff) introduced the following bill; which was read twice and referred to the Committee on Rules and AdministrationAugust 11 (legislative day, August 10), 2021Committee discharged pursuant to S. Res. 27, 117th Congress, and placed on the calendarA BILLTo expand Americans’ access to the ballot box, reduce the influence of big money in politics, strengthen ethics rules for public servants, and implement other anti-corruption measures for the purpose of fortifying our democracy, and for other purposes.

1.

Short title

This Act may be cited as the For the People Act of 2021.

2.

Organization of Act into divisions; table of contents

(a)

Divisions

This Act is organized into divisions as follows:(1)Division A—Voting.(2)Division B—Campaign Finance.(3)Division C—Ethics.(b)

Table of contents

The table of contents of this Act is as follows:Sec. 1. Short title.Sec. 2. Organization of Act into divisions; table of contents.Sec. 3. Findings of general constitutional authority.Sec. 4. Standards for judicial review.DIVISION A—VotingTITLE I—Election AccessSec. 1000. Short title; statement of policy.Subtitle A—Voter Registration ModernizationSec. 1000A. Short title.Part 1—Promoting Internet RegistrationSec. 1001. Requiring availability of internet for voter registration.Sec. 1002. Use of internet to update registration information.Sec. 1003. Provision of election information by electronic mail to individuals registered to vote.Sec. 1004. Clarification of requirement regarding necessary information to show eligibility to vote.Sec. 1005. Prohibiting State from requiring applicants to provide more than last 4 digits of Social Security number.Sec. 1006. Application of rules to certain exempt States.Sec. 1007. Effective date.Part 2—Automatic Voter RegistrationSec. 1011. Short title; findings and purpose.Sec. 1012. Automatic registration of eligible individuals.Sec. 1013. Contributing agency assistance in registration.Sec. 1014. One-time contributing agency assistance in registration of eligible voters in existing records.Sec. 1015. Voter protection and security in automatic registration.Sec. 1016. Registration portability and correction.Sec. 1017. Payments and grants.Sec. 1018. Treatment of exempt States.Sec. 1019. Miscellaneous provisions.Sec. 1020. Definitions.Sec. 1021. Effective date.Part 3—Same Day Voter RegistrationSec. 1031. Same day registration.Part 4—Conditions on Removal on Basis of Interstate Cross-ChecksSec. 1041. Conditions on removal of registrants from official list of eligible voters on basis of interstate cross-checks.Part 5—Other Initiatives To Promote Voter RegistrationSec. 1051. Biennial reports on voter registration statistics.Sec. 1052. Ensuring pre-election registration deadlines are consistent with timing of legal public holidays.Sec. 1053. Use of Postal Service hard copy change of address form to remind individuals to update voter registration.Sec. 1054. Grants to States for activities to encourage involvement of minors in election activities.Part 6—Availability of HAVA Requirements PaymentsSec. 1061. Availability of requirements payments under HAVA to cover costs of compliance with new requirements.Part 7—Prohibiting Interference With Voter Registration Sec. 1071. Prohibiting hindering, interfering with, or preventing voter registration.Sec. 1072. Establishment of best practices.Part 8—Voter Registration Efficiency ActSec. 1081. Short title.Sec. 1082. Requiring applicants for motor vehicle driver’s licenses in new State to indicate whether State serves as residence for voter registration purposes.Part 9—Providing Voter Registration Information to Secondary School StudentsSec. 1091. Pilot program for providing voter registration information to secondary school students prior to graduation.Sec. 1092. Reports.Sec. 1093. Authorization of appropriations.Part 10—Voter Registration of MinorsSec. 1094. Acceptance of voter registration applications from individuals under 18 years of age.Subtitle B—Access to Voting for Individuals With DisabilitiesSec. 1101. Requirements for States to promote access to voter registration and voting for individuals with disabilities.Sec. 1102. Establishment and maintenance of State accessible election websites.Sec. 1103. Protections for in-person voting for individuals with disabilities and older individuals.Sec. 1104. Protections for individuals subject to guardianship.Sec. 1105. Expansion and reauthorization of grant program to assure voting access for individuals with disabilities.Sec. 1106. Appointments to EAC Board of Advisors.Sec. 1107. Funding for protection and advocacy systems.Sec. 1108. Pilot programs for enabling individuals with disabilities to register to vote privately and independently at residences.Sec. 1109. GAO analysis and report on voting access for individuals with disabilities.Subtitle C—Prohibiting Voter CagingSec. 1201. Voter caging and other questionable challenges prohibited.Sec. 1202. Development and adoption of best practices for preventing voter caging.Subtitle D—Prohibiting Deceptive Practices and Preventing Voter IntimidationSec. 1301. Short title.Sec. 1302. Prohibition on deceptive practices in Federal elections.Sec. 1303. Corrective action.Sec. 1304. Reports to Congress.Subtitle E—Democracy RestorationSec. 1401. Short title.Sec. 1402. Findings.Sec. 1403. Rights of citizens.Sec. 1404. Enforcement.Sec. 1405. Notification of restoration of voting rights.Sec. 1406. Definitions.Sec. 1407. Relation to other laws.Sec. 1408. Federal prison funds.Sec. 1409. Effective date.Subtitle F—Promoting Accuracy, Integrity, and Security Through Voter-Verified Permanent Paper BallotSec. 1501. Short title.Sec. 1502. Paper ballot and manual counting requirements.Sec. 1503. Accessibility and ballot verification for individuals with disabilities.Sec. 1504. Durability and readability requirements for ballots.Sec. 1505. Study and report on optimal ballot design.Sec. 1506. Paper ballot printing requirements.Sec. 1507. Effective date for new requirements.Subtitle G—Provisional BallotsSec. 1601. Requirements for counting provisional ballots; establishment of uniform and nondiscriminatory standards.Subtitle H—Early VotingSec. 1611. Early voting.Subtitle I—Voting by MailSec. 1621. Voting by mail.Sec. 1622. Absentee ballot tracking program.Sec. 1623. Election mail and delivery improvements.Sec. 1624. Voting materials postage.Subtitle J—Absent Uniformed Services Voters and Overseas VotersSec. 1701. Pre-election reports on availability and transmission of absentee ballots.Sec. 1702. Enforcement.Sec. 1703. Revisions to 45-day absentee ballot transmission rule.Sec. 1704. Use of single absentee ballot application for subsequent elections.Sec. 1705. Extending guarantee of residency for voting purposes to family members of absent military personnel.Sec. 1706. Requiring transmission of blank absentee ballots under UOCAVA to certain voters.Sec. 1707. Effective date.Subtitle K—Poll Worker Recruitment and TrainingSec. 1801. Grants to States for poll worker recruitment and training.Sec. 1802. State defined.Subtitle L—Enhancement of EnforcementSec. 1811. Enhancement of enforcement of Help America Vote Act of 2002.Subtitle M—Federal Election IntegritySec. 1821. Prohibition on campaign activities by chief State election administration officials.Subtitle N—Promoting Voter Access Through Election Administration ImprovementsPart 1—Promoting Voter AccessSec. 1901. Treatment of institutions of higher education.Sec. 1902. Minimum notification requirements for voters affected by polling place changes.Sec. 1903. Permitting use of sworn written statement to meet identification requirements for voting.Sec. 1904. Accommodations for voters residing in Indian lands.Sec. 1905. Ensuring equitable and efficient operation of polling places.Sec. 1906. Requiring States to provide secured drop boxes for voted absentee ballots in elections for Federal office.Sec. 1907. Prohibiting States from restricting curbside voting.Part 2—Disaster and Emergency Contingency PlansSec. 1911. Requirements for Federal election contingency plans in response to natural disasters and emergencies.Part 3—Improvements in Operation of Election Assistance CommissionSec. 1921. Reauthorization of Election Assistance Commission.Sec. 1922. Requiring States to participate in post-general election surveys.Sec. 1923. Reports by National Institute of Standards and Technology on use of funds transferred from Election Assistance Commission.Sec. 1924. Recommendations to improve operations of Election Assistance Commission.Sec. 1925. Repeal of exemption of Election Assistance Commission from certain government contracting requirements.Part 4—Miscellaneous ProvisionsSec. 1931. Application of laws to Commonwealth of Northern Mariana Islands.Sec. 1932. Definition of election for Federal office.Sec. 1933. No effect on other laws.Sec. 1934. Clarification of exemption for States without voter registration.Subtitle O—SeverabilitySec. 1941. Severability.TITLE II—Election IntegritySubtitle A—Findings Reaffirming the Commitment of Congress To Restore the Voting Rights Act of 1965Sec. 2001. Findings reaffirming commitment of Congress to restore the Voting Rights Act.Subtitle B—Findings Relating to Native American Voting RightsSec. 2101. Findings relating to Native American voting rights.Subtitle C—Findings Relating to District of Columbia StatehoodSec. 2201. Findings relating to District of Columbia statehood.Subtitle D—Territorial Voting RightsSec. 2301. Findings relating to territorial voting rights.Sec. 2302. Congressional Task Force on Voting Rights of United States Citizen Residents of Territories of the United States.Subtitle E—Redistricting ReformSec. 2400. Short title; finding of constitutional authority.Part 1—Requirements for Congressional RedistrictingSec. 2401. Requiring congressional redistricting to be conducted through plan of independent State commission.Sec. 2402. Ban on mid-decade redistricting.Sec. 2403. Criteria for redistricting.Part 2—Independent Redistricting CommissionsSec. 2411. Independent redistricting commission.Sec. 2412. Establishment of selection pool of individuals eligible to serve as members of commission.Sec. 2413. Public notice and input.Sec. 2414. Establishment of related entities.Sec. 2415. Report on diversity of memberships of independent redistricting commissions.Part 3—Role of Courts in Development of Redistricting PlansSec. 2421. Enactment of plan developed by 3-judge court.Sec. 2422. Special rule for redistricting conducted under order of Federal court.Part 4—Administrative and Miscellaneous ProvisionsSec. 2431. Payments to States for carrying out redistricting.Sec. 2432. Civil enforcement.Sec. 2433. State apportionment notice defined.Sec. 2434. No effect on elections for State and local office.Sec. 2435. Effective date.Part 5—Requirements for Redistricting Carried Out Pursuant to 2020 CensusSUBPART A—Application of Certain Requirements for Redistricting Carried out Pursuant to 2020 CensusSec. 2441. Application of certain requirements for redistricting carried out pursuant to 2020 census.Sec. 2442. Triggering events.SUBPART B—Independent Redistricting Commissions for Redistricting Carried Out Pursuant to 2020 CensusSec. 2451. Use of independent redistricting commissions for redistricting carried out pursuant to 2020 census.Sec. 2452. Establishment of selection pool of individuals eligible to serve as members of commission.Sec. 2453. Criteria for redistricting plan; public notice and input.Sec. 2454. Establishment of related entities.Sec. 2455. Report on diversity of memberships of independent redistricting commissions.Subtitle F—Saving Eligible Voters From Voter PurgingSec. 2501. Short title.Sec. 2502. Conditions for removal of voters from list of registered voters.Subtitle G—No Effect on Authority of States To Provide Greater Opportunities for VotingSec. 2601. No effect on authority of States to provide greater opportunities for voting.Subtitle H—Residence of Incarcerated IndividualsSec. 2701. Residence of incarcerated individuals.Subtitle I—Findings Relating to Youth VotingSec. 2801. Findings relating to youth voting.Subtitle J—SeverabilitySec. 2901. Severability.TITLE III—Election SecuritySec. 3000. Short title; sense of Congress.Subtitle A—Financial Support for Election InfrastructurePart 1—Voting System Security Improvement GrantsSec. 3001. Grants for obtaining compliant paper ballot voting systems and carrying out voting system security improvements.Sec. 3002. Coordination of voting system security activities with use of requirements payments and election administration requirements under Help America Vote Act of 2002.Sec. 3003. Incorporation of definitions.Part 2—Grants for Risk-Limiting Audits of Results of ElectionsSec. 3011. Grants to States for conducting risk-limiting audits of results of elections.Sec. 3012. GAO analysis of effects of audits.Part 3—Election Infrastructure Innovation Grant ProgramSec. 3021. Election infrastructure innovation grant program.Subtitle B—Security MeasuresSec. 3101. Election infrastructure designation.Sec. 3102. Timely threat information.Sec. 3103. Security clearance assistance for election officials.Sec. 3104. Security risk and vulnerability assessments.Sec. 3105. Annual reports.Sec. 3106. Pre-election threat assessments.Subtitle C—Enhancing Protections for United States Democratic InstitutionsSec. 3201. National strategy to protect United States democratic institutions.Sec. 3202. National Commission to Protect United States Democratic Institutions.Subtitle D—Promoting Cybersecurity Through Improvements in Election AdministrationSec. 3301. Testing of existing voting systems to ensure compliance with election cybersecurity guidelines and other guidelines.Sec. 3302. Treatment of electronic poll books as part of voting systems.Sec. 3303. Pre-election reports on voting system usage.Sec. 3304. Streamlining collection of election information.Subtitle E—Preventing Election HackingSec. 3401. Short title.Sec. 3402. Election Security Bug Bounty Program.Subtitle F—Election security grants advisory committeeSec. 3501. Establishment of advisory committee.Subtitle G—Miscellaneous ProvisionsSec. 3601. Definitions.Sec. 3602. Initial report on adequacy of resources available for implementation.Subtitle H—Use of voting machines manufactured in the United StatesSec. 3701. Use of voting machines manufactured in the United States.Subtitle I—SeverabilitySec. 3801. Severability.DIVISION B—Campaign FinanceTITLE IV—Campaign Finance TransparencySubtitle A—Establishing Duty To Report Foreign Election InterferenceSec. 4001. Findings relating to illicit money undermining our democracy.Sec. 4002. Federal campaign reporting of foreign contacts.Sec. 4003. Federal campaign foreign contact reporting compliance system.Sec. 4004. Criminal penalties.Sec. 4005. Report to congressional intelligence committees.Sec. 4006. Rule of construction.Subtitle B—DISCLOSE ActSec. 4100. Short title.Part 1—Closing Loopholes Allowing Spending by Foreign Nationals in ElectionsSec. 4101. Clarification of prohibition on participation by foreign nationals in election-related activities.Sec. 4102. Clarification of application of foreign money ban to certain disbursements and activities.Sec. 4103. Audit and report on illicit foreign money in Federal elections.Sec. 4104. Prohibition on contributions and donations by foreign nationals in connection with ballot initiatives and referenda.Sec. 4105. Disbursements and activities subject to foreign money ban.Sec. 4106. Prohibiting establishment of corporation to conceal election contributions and donations by foreign nationals.Part 2—Reporting of Campaign-Related DisbursementsSec. 4111. Reporting of campaign-related disbursements.Sec. 4112. Application of foreign money ban to disbursements for campaign-related disbursements consisting of covered transfers.Sec. 4113. Effective date.Part 3—Other Administrative ReformsSec. 4121. Petition for certiorari.Sec. 4122. Judicial review of actions related to campaign finance laws.Subtitle C—Honest AdsSec. 4201. Short title.Sec. 4202. Purpose.Sec. 4203. Findings.Sec. 4204. Sense of Congress.Sec. 4205. Expansion of definition of public communication.Sec. 4206. Expansion of definition of electioneering communication.Sec. 4207. Application of disclaimer statements to online communications.Sec. 4208. Political record requirements for online platforms.Sec. 4209. Preventing contributions, expenditures, independent expenditures, and disbursements for electioneering communications by foreign nationals in the form of online advertising.Sec. 4210. Requiring online platforms to display notices identifying sponsors of political advertisements and to ensure notices continue to be present when advertisements are shared.Subtitle D—Stand By Every AdSec. 4301. Short title.Sec. 4302. Stand By Every Ad.Sec. 4303. Disclaimer requirements for communications made through prerecorded telephone calls.Sec. 4304. No expansion of persons subject to disclaimer requirements on internet communications.Sec. 4305. Effective date.Subtitle E—Deterring Foreign Interference in ElectionsPart 1—Deterrence Under Federal Election Campaign Act of 1971 Sec. 4401. Restrictions on exchange of campaign information between candidates and foreign powers.Sec. 4402. Clarification of standard for determining existence of coordination between campaigns and outside interests.Sec. 4403. Prohibition on provision of substantial assistance relating to contribution or donation by foreign nationals.Sec. 4404. Clarification of application of foreign money ban.Part 2—Notifying States of Disinformation Campaigns by Foreign Nationals Sec. 4411. Notifying States of disinformation campaigns by foreign nationals.Part 3—Prohibiting Use of Deepfakes in Election CampaignsSec. 4421. Prohibition on distribution of materially deceptive audio or visual media prior to election.Part 4—Assessment of Exemption of Registration Requirements Under FARA for Registered LobbyistsSec. 4431. Assessment of exemption of registration requirements under FARA for registered lobbyists.Subtitle F—Secret Money TransparencySec. 4501. Repeal of restriction of use of funds by Internal Revenue Service to bring transparency to political activity of certain nonprofit organizations.Subtitle G—Shareholder Right-to-KnowSec. 4601. Repeal of restriction on use of funds by Securities and Exchange Commission to ensure shareholders of corporations have knowledge of corporation political activity.Sec. 4602. Shareholder approval of corporate political activity.Subtitle H—Disclosure of Political Spending by Government ContractorsSec. 4701. Repeal of restriction on use of funds to require disclosure of political spending by government contractors.Subtitle I—Limitation and Disclosure Requirements for Presidential Inaugural CommitteesSec. 4801. Short title.Sec. 4802. Limitations and disclosure of certain donations to, and disbursements by, Inaugural Committees.Subtitle J—Miscellaneous ProvisionsSec. 4901. Effective dates of provisions.Sec. 4902. Severability.TITLE V—Campaign Finance EmpowermentSubtitle A—Findings Relating to Citizens United DecisionSec. 5001. Findings relating to Citizens United decision.Subtitle B—Senate ElectionsSec. 5100. Short title.Part 1—Small Donor Incentive ProgramsSec. 5101. Sense of the Senate regarding small donor incentive programs.Part 2—Small Dollar Financing of Senate Election CampaignsSec. 5111. Eligibility requirements and benefits of fair elections financing of Senate election campaigns.Sec. 5112. Prohibition on joint fundraising committees.Sec. 5113. Exception to limitation on coordinated expenditures by political party committees with participating candidates.Part 3—Responsibilities of the Federal Election CommissionSec. 5121. Petition for certiorari.Sec. 5122. Electronic filing of FEC reports.Part 4—Miscellaneous ProvisionsSec. 5131. Severability.Sec. 5132. Effective date.Subtitle C—Presidential ElectionsSec. 5200. Short title.Part 1—Primary ElectionsSec. 5201. Increase in and modifications to matching payments.Sec. 5202. Eligibility requirements for matching payments.Sec. 5203. Repeal of expenditure limitations.Sec. 5204. Period of availability of matching payments.Sec. 5205. Examination and audits of matchable contributions.Sec. 5206. Modification to limitation on contributions for Presidential primary candidates.Part 2—General ElectionsSec. 5211. Modification of eligibility requirements for public financing.Sec. 5212. Repeal of expenditure limitations and use of qualified campaign contributions.Sec. 5213. Matching payments and other modifications to payment amounts.Sec. 5214. Increase in limit on coordinated party expenditures.Sec. 5215. Use of general election payments for general election legal and accounting compliance.Part 3—Effective DateSec. 5221. Effective date.Subtitle D—Personal Use Services as Authorized Campaign ExpendituresSec. 5301. Short title; findings; purpose.Sec. 5302. Treatment of payments for child care and other personal use services as authorized campaign expenditure.Subtitle E—Empowering small dollar donationsSec. 5401. Permitting political party committees to provide enhanced support for candidates through use of separate small dollar accounts.Subtitle F—SeverabilitySec. 5501. Severability.TITLE VI—Campaign Finance OversightSubtitle A—Restoring Integrity to America’s ElectionsSec. 6001. Short title.Sec. 6002. Membership of Federal Election Commission.Sec. 6003. Assignment of powers to Chair of Federal Election Commission.Sec. 6004. Revision to enforcement process.Sec. 6005. Permitting appearance at hearings on requests for advisory opinions by persons opposing the requests.Sec. 6006. Permanent extension of administrative penalty authority.Sec. 6007. Restrictions on ex parte communications.Sec. 6008. Clarifying authority of FEC attorneys to represent FEC in Supreme Court.Sec. 6009. Requiring forms to permit use of accent marks.Sec. 6010. Effective date; transition.Subtitle B—Stopping Super PAC–Candidate CoordinationSec. 6101. Short title.Sec. 6102. Clarification of treatment of coordinated expenditures as contributions to candidates.Sec. 6103. Clarification of ban on fundraising for super PACs by Federal candidates and officeholders.Subtitle C—Disposal of Contributions or DonationsSec. 6201. Timeframe for and prioritization of disposal of contributions or donations.Sec. 6202. 1-year transition period for certain individuals.Subtitle D—Recommendations To Ensure Filing of Reports Before Date of ElectionSec. 6301. Recommendations to ensure filing of reports before date of election.Subtitle E—SeverabilitySec. 6401. Severability.DIVISION C—EthicsTITLE VII—Ethical StandardsSubtitle A—Supreme Court EthicsSec. 7001. Code of conduct for Federal judges.Subtitle B—Foreign Agents RegistrationSec. 7101. Establishment of FARA investigation and enforcement unit within Department of Justice.Sec. 7102. Authority to impose civil money penalties.Sec. 7103. Disclosure of transactions involving things of financial value conferred on officeholders.Sec. 7104. Ensuring online access to registration statements.Subtitle C—Lobbying Disclosure ReformSec. 7201. Expanding scope of individuals and activities subject to requirements of Lobbying Disclosure Act of 1995.Sec. 7202. Requiring lobbyists to disclose status as lobbyists upon making any lobbying contacts.Subtitle D—Recusal of Presidential AppointeesSec. 7301. Recusal of appointees.Subtitle E—Clearinghouse on Lobbying InformationSec. 7401. Establishment of clearinghouse.Subtitle F—Foreign lobbyingSec. 7501. Prohibition on foreign lobbying.Subtitle G—SeverabilitySec. 7601. Severability.TITLE VIII—Ethics Reforms for the President, Vice President, and Federal Officers and EmployeesSubtitle A—Executive Branch Conflict of InterestSec. 8001. Short title.Sec. 8002. Restrictions on private sector payment for government service.Sec. 8003. Requirements relating to slowing revolving door.Sec. 8004. Prohibition of procurement officers accepting employment from government contractors.Sec. 8005. Revolving door restrictions on employees moving into the private sector.Sec. 8006. Guidance on unpaid employees.Sec. 8007. Limitation on use of Federal funds and contracting at businesses owned by certain Government officers and employees.Subtitle B—Presidential Conflicts of InterestSec. 8011. Short title.Sec. 8012. Divestiture of personal financial interests of the President and Vice President that pose a potential conflict of interest.Sec. 8013. Initial financial disclosure.Sec. 8014. Contracts by the President or Vice President.Sec. 8015. Legal Defense Funds.Subtitle C—White House Ethics TransparencySec. 8021. Short title.Sec. 8022. Procedure for waivers and authorizations relating to ethics requirements.Subtitle D—Executive Branch Ethics EnforcementSec. 8031. Short title.Sec. 8032. Reauthorization of the Office of Government Ethics.Sec. 8033. Tenure of the Director of the Office of Government Ethics.Sec. 8034. Duties of Director of the Office of Government Ethics.Sec. 8035. Agency ethics officials training and duties.Sec. 8036. Prohibition on use of funds for certain Federal employee travel in contravention of certain regulations.Sec. 8037. Reports on cost of Presidential travel.Sec. 8038. Reports on cost of senior Federal official travel.Subtitle E—Conflicts from Political FundraisingSec. 8041. Short title.Sec. 8042. Disclosure of certain types of contributions.Subtitle F—Transition Team EthicsSec. 8051. Short title.Sec. 8052. Presidential transition ethics programs.Subtitle G—Ethics Pledge for Senior Executive Branch EmployeesSec. 8061. Short title.Sec. 8062. Ethics pledge requirement for senior executive branch employees.Subtitle H—Travel on Private Aircraft by Senior Political AppointeesSec. 8071. Short title.Sec. 8072. Prohibition on use of funds for travel on private aircraft.Subtitle I—SeverabilitySec. 8081. Severability.TITLE IX—Congressional Ethics ReformSubtitle A—Requiring Members of Congress To reimburse Treasury for amounts paid as settlements and awards under Congressional Accountability Act of 1995Sec. 9001. Requiring Members of Congress to reimburse Treasury for amounts paid as settlements and awards under Congressional Accountability Act of 1995 in all cases of employment discrimination acts by Members.Subtitle B—Conflicts of InterestsSec. 9101. Prohibiting Members of House of Representatives from serving on boards of for-profit entities.Sec. 9102. Conflict of interest rules for Members of Congress and congressional staff.Sec. 9103. Exercise of rulemaking powers.Subtitle C—Campaign Finance and Lobbying DisclosureSec. 9201. Short title.Sec. 9202. Requiring disclosure in certain reports filed with Federal Election Commission of persons who are registered lobbyists.Sec. 9203. Effective date.Subtitle D—Access to Congressionally Mandated ReportsSec. 9301. Short title.Sec. 9302. Definitions.Sec. 9303. Establishment of online portal for congressionally mandated reports.Sec. 9304. Federal agency responsibilities.Sec. 9305. Removing and altering reports.Sec. 9306. Relationship to the Freedom of Information Act.Sec. 9307. Implementation.Subtitle E—Reports on Outside Compensation Earned by Congressional EmployeesSec. 9401. Reports on outside compensation earned by Congressional employees.Subtitle F—SeverabilitySec. 9501. Severability.TITLE X—Presidential and Vice Presidential Tax TransparencySec. 10001. Presidential and Vice Presidential tax transparency.

3.

Findings of general constitutional authority

Congress finds that the Constitution of the United States grants explicit and broad authority to protect the right to vote, to regulate elections for Federal office, to prevent and remedy discrimination in voting, and to defend the Nation’s democratic process. Congress enacts the For the People Act of 2021 pursuant to this broad authority, including but not limited to the following:(1)Congress finds that it has broad authority to regulate the time, place, and manner of congressional elections under the Elections Clause of the Constitution, article I, section 4, clause 1. The Supreme Court has affirmed that the substantive scope of the Elections Clause is broad; that Times, Places, and Manner are comprehensive words which embrace authority to provide for a complete code for congressional elections; and [t]he power of Congress over the Times, Places and Manner of congressional elections is paramount, and may be exercised at any time, and to any extent which it deems expedient; and so far as it is exercised, and no farther, the regulations effected supersede those of the State which are inconsistent therewith. Arizona v. Inter Tribal Council of Arizona, 570 U.S. 1, 8–9 (2013) (internal quotation marks and citations omitted). Indeed, Congress has plenary and paramount jurisdiction over the whole subject of congressional elections, Ex parte Siebold, 100 U.S. (10 Otto) 371, 388 (1879), and this power may be exercised as and when Congress sees fit, and so far as it extends and conflicts with the regulations of the State, necessarily supersedes them. Id. At 384. Among other things, Congress finds that the Elections Clause was intended to vindicate the people’s right to equality of representation in the House. Wesberry v. Sanders, 376 U.S. 1, 16 (1964), and to address partisan gerrymandering, Rucho v. Common Cause, 139 S. Ct. 2484 (2019).(2)Congress also finds that it has both the authority and responsibility, as the legislative body for the United States, to fulfill the promise of article IV, section 4, of the Constitution, which states: The United States shall guarantee to every State in this Union a Republican Form of Government[.]. Congress finds that its authority and responsibility to enforce the Guarantee Clause is particularly strong given that Federal courts have not enforced this clause because they understood that its enforcement is committed to Congress by the Constitution.(3)(A)Congress also finds that it has broad authority pursuant to section 5 of the Fourteenth Amendment to legislate to enforce the provisions of the Fourteenth Amendment, including its protections of the right to vote and the democratic process.(B)Section 1 of the Fourteenth Amendment protects the fundamental right to vote, which is of the most fundamental significance under our constitutional structure. Ill. Bd. of Election v. Socialist Workers Party, 440 U.S. 173, 184 (1979); see United States v. Classic, 313 U.S. 299 (1941) (Obviously included within the right to choose, secured by the Constitution, is the right of qualified voters within a state to cast their ballots and have them counted . . .). As the Supreme Court has repeatedly affirmed, the right to vote is preservative of all rights, Yick Wo v. Hopkins, 118 U.S. 356, 370 (1886). Section 2 of the Fourteenth Amendment also protects the right to vote, granting Congress additional authority to reduce a State’s representation in Congress when the right to vote is abridged or denied.(C)As a result, Congress finds that it has the authority pursuant to section 5 of the Fourteenth Amendment to protect the right to vote. Congress also finds that States and localities have eroded access to the right to vote through restrictions on the right to vote including excessively onerous voter identification requirements, burdensome voter registration procedures, voter purges, limited and unequal access to voting by mail, polling place closures, unequal distribution of election resources, and other impediments.(D)Congress also finds that the right of suffrage can be denied by a debasement or dilution of the weight of a citizen’s vote just as effectively as by wholly prohibiting the free exercise of the franchise. Reynolds v. Sims, 377 U.S. 533, 555 (1964). Congress finds that the right of suffrage has been so diluted and debased by means of gerrymandering of districts. Congress finds that it has authority pursuant to section 5 of the Fourteenth Amendment to remedy this debasement.(4)(A)Congress also finds that it has authority to legislate to eliminate racial discrimination in voting and the democratic process pursuant to both section 5 of the Fourteenth Amendment, which grants equal protection of the laws, and section 2 of the Fifteenth Amendment, which explicitly bars denial or abridgment of the right to vote on account of race, color, or previous condition of servitude.(B)Congress finds that racial discrimination in access to voting and the political process persists. Voting restrictions, redistricting, and other electoral practices and processes continue to disproportionately impact communities of color in the United States and do so as a result of both intentional racial discrimination, structural racism, and the ongoing structural socioeconomic effects of historical racial discrimination.(C)Recent elections and studies have shown that minority communities wait longer in lines to vote, are more likely to have their mail ballots rejected, continue to face intimidation at the polls, are more likely to be disenfranchised by voter purges, and are disproportionately burdened by voter identification and other voter restrictions. Research shows that communities of color are more likely to face nearly every barrier to voting than their white counterparts.(D)Congress finds that racial disparities in disenfranchisement due to past felony convictions is particularly stark. In 2020, according to the Sentencing Project, an estimated 5,200,000 Americans could not vote due to a felony conviction. One in 16 African Americans of voting age is disenfranchised, a rate 3.7 times greater than that of non-African Americans. In seven States—Alabama, Florida, Kentucky, Mississippi, Tennessee, Virginia, and Wyoming—more than one in seven African Americans is disenfranchised, twice the national average for African Americans. Congress finds that felony disenfranchisement was one of the tools of intentional racial discrimination during the Jim Crow era. Congress further finds that current racial disparities in felony disenfranchisement are linked to this history of voter suppression, structural racism in the criminal justice system, and ongoing effects of historical discrimination.(5)(A)Congress finds that it further has the power to protect the right to vote from denial or abridgment on account of sex, age, or ability to pay a poll tax or other tax pursuant to the Nineteenth, Twenty-Fourth, and Twenty-Sixth Amendments.(B)Congress finds that electoral practices including voting rights restoration conditions for people with convictions, voter identification requirements, and other restrictions to the franchise burden voters on account of their ability to pay.(C)Congress further finds that electoral practices including voting restrictions related to college campuses, age restrictions on mail voting, and similar practices burden the right to vote on account of age.

4.

Standards for judicial review

(a)

In general

For any action brought for declaratory or injunctive relief to challenge, whether facially or as-applied, the constitutionality or lawfulness of any provision of this Act or any amendment made by this Act or any rule or regulation promulgated under this Act, the following rules shall apply:(1)The action shall be filed in the United States District Court for the District of Columbia and an appeal from the decision of the district court may be taken to the Court of Appeals for the District of Columbia Circuit. These courts, and the Supreme Court of the United States on a writ of certiorari (if such writ is issued), shall have exclusive jurisdiction to hear such actions.(2)The party filing the action shall concurrently deliver a copy the complaint to the Clerk of the House of Representatives and the Secretary of the Senate.(3)It shall be the duty of the United States District Court for the District of Columbia and the Court of Appeals for the District of Columbia Circuit to advance on the docket and to expedite to the greatest possible extent the disposition of the action and appeal.(b)

Clarifying scope of jurisdiction

If an action at the time of its commencement is not subject to subsection (a), but an amendment, counterclaim, cross-claim, affirmative defense, or any other pleading or motion is filed challenging, whether facially or as-applied, the constitutionality or lawfulness of this Act or any amendment made by this Act or any rule or regulation promulgated under this Act, the district court shall transfer the action to the District Court for the District of Columbia, and the action shall thereafter be conducted pursuant to subsection (a). (c)

Intervention by Members of Congress

In any action described in subsection (a), any Member of the House of Representatives (including a Delegate or Resident Commissioner to the Congress) or Senate shall have the right to intervene either in support of or opposition to the position of a party to the case regarding the constitutionality of the provision. To avoid duplication of efforts and reduce the burdens placed on the parties to the action, the court in any such action may make such orders as it considers necessary, including orders to require interveners taking similar positions to file joint papers or to be represented by a single attorney at oral argument.

A

Voting

B

Campaign Finance

.

5112.

Prohibition on joint fundraising committees

Section 302(e) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30102(e)) is amended by adding at the end the following new paragraph:(6)No authorized committee of a participating candidate (as defined in section 501) may establish a joint fundraising committee with a political committee other than an authorized committee of a candidate..

5113.

Exception to limitation on coordinated expenditures by political party committees with participating candidates

Section 315(d) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30116(d)) is amended—(1)in paragraph (3)(A), by striking in the case of and inserting except as provided in paragraph (6), in the case of; and(2)by adding at the end the following new paragraph:(6)(A)The limitation under paragraph (3)(A) shall not apply with respect to any expenditure from a qualified political party-participating candidate coordinated expenditure fund.(B)In this paragraph, the term qualified political party-participating candidate coordinated expenditure fund means a fund established by the national committee of a political party, or a State committee of a political party, including any subordinate committee of a State committee, for purposes of making expenditures in connection with the general election campaign of a candidate for election to the office of Senator who is a participating candidate (as defined in section 501), that only accepts qualified coordinated expenditure contributions.(C)In this paragraph, the term qualified coordinated expenditure contribution means, with respect to the general election campaign of a candidate for election to the office of Senator who is a participating candidate (as defined in section 501), any contribution (or series of contributions)—(i)which is made by an individual who is not prohibited from making a contribution under this Act; and(ii)the aggregate amount of which does not exceed $500 per election..

3

Responsibilities of the Federal Election Commission

5121.

Petition for certiorari

Section 307(a)(6) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30107(a)(6)) is amended by inserting (including a proceeding before the Supreme Court on certiorari) after appeal.

5122.

Electronic filing of FEC reports

Section 304(a)(11) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30104(a)(11)) is amended—(1)in subparagraph (A), by striking under this Act— and all that follows and inserting under this Act shall be required to maintain and file such designation, statement, or report in electronic form accessible by computers.;(2)in subparagraph (B), by striking 48 hours and all that follows through filed electronically) and inserting 24 hours; and(3)by striking subparagraph (D).

4

Miscellaneous Provisions

5131.

Severability

If any provision of this subtitle or amendment made by this subtitle, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this subtitle and amendments made by this subtitle, and the application of the provisions and amendment to any person or circumstance, shall not be affected by the holding.

5132.

Effective date

(a)

In general

Except as may otherwise be provided in this subtitle and in the amendments made by this subtitle, this subtitle and the amendments made by this subtitle shall apply with respect to elections occurring during 2028 or any succeeding year, without regard to whether or not the Federal Election Commission has promulgated the final regulations necessary to carry out this part and the amendments made by this part by the deadline set forth in subsection (b).(b)

Deadline for regulations

Not later than June 30, 2026, the Federal Election Commission shall promulgate such regulations as may be necessary to carry out this subtitle and the amendments made by this subtitle.

C

Presidential Elections

5200.

Short title

This subtitle may be cited as the Empower Act of 2021.

1

Primary Elections

5201.

Increase in and modifications to matching payments

(a)

Increase and modification

(1)

In general

The first sentence of section 9034(a) of the Internal Revenue Code of 1986 is amended—(A)by striking an amount equal to the amount of each contribution and inserting an amount equal to 600 percent of the amount of each matchable contribution (disregarding any amount of contributions from any person to the extent that the total of the amounts contributed by such person for the election exceeds $200); and(B)by striking authorized committees and all that follows through $250 and inserting authorized committees.(2)

Matchable contributions

Section 9034 of such Code is amended—(A)by striking the last sentence of subsection (a); and(B)by adding at the end the following new subsection:(c)

Matchable contribution defined

For purposes of this section and section 9033(b)—(1)

Matchable contribution

The term matchable contribution means, with respect to the nomination for election to the office of President of the United States, a contribution by an individual to a candidate or an authorized committee of a candidate with respect to which the candidate has certified in writing that—(A)the individual making such contribution has not made aggregate contributions (including such matchable contribution) to such candidate and the authorized committees of such candidate in excess of $1,000 for the election,(B)such candidate and the authorized committees of such candidate will not accept contributions from such individual (including such matchable contribution) aggregating more than the amount described in subparagraph (A), and(C)such contribution was a direct contribution.(2)

Contribution

For purposes of this subsection, the term contribution means a gift of money made by a written instrument which identifies the individual making the contribution by full name and mailing address, but does not include a subscription, loan, advance, or deposit of money, or anything of value or anything described in subparagraph (B), (C), or (D) of section 9032(4).(3)

Direct contribution

(A)

In general

For purposes of this subsection, the term direct contribution means, with respect to a candidate, a contribution which is made directly by an individual to the candidate or an authorized committee of the candidate and is not—(i)forwarded from the individual making the contribution to the candidate or committee by another person, or(ii)received by the candidate or committee with the knowledge that the contribution was made at the request, suggestion, or recommendation of another person.(B)

Other definitions

In subparagraph (A)—(i)the term person does not include an individual (other than an individual described in section 304(i)(7) of the Federal Election Campaign Act of 1971), a political committee of a political party, or any political committee which is not a separate segregated fund described in section 316(b) of the Federal Election Campaign Act of 1971 and which does not make contributions or independent expenditures, does not engage in lobbying activity under the Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.), and is not established by, controlled by, or affiliated with a registered lobbyist under such Act, an agent of a registered lobbyist under such Act, or an organization which retains or employs a registered lobbyist under such Act, and(ii)a contribution is not made at the request, suggestion, or recommendation of another person solely on the grounds that the contribution is made in response to information provided to the individual making the contribution by any person, so long as the candidate or authorized committee does not know the identity of the person who provided the information to such individual..(3)

Conforming amendments

(A)Section 9032(4) of such Code is amended by striking section 9034(a) and inserting section 9034.(B)Section 9033(b)(3) of such Code is amended by striking matching contributions and inserting matchable contributions.(b)

Modification of payment limitation

Section 9034(b) of such Code is amended—(1)by striking The total and inserting the following:(1)

In general

The total; (2)by striking shall not exceed and all that follows and inserting shall not exceed $250,000,000.; and(3)by adding at the end the following new paragraph:(2)

Inflation adjustment

(A)

In general

In the case of any applicable period beginning after 2029, the dollar amount in paragraph (1) shall be increased by an amount equal to—(i)such dollar amount, multiplied by(ii)the cost-of-living adjustment determined under section 1(f)(3) for the calendar year following the year which such applicable period begins, determined by substituting calendar year 2027 for calendar year 1992 in subparagraph (B) thereof.(B)

Applicable period

For purposes of this paragraph, the term applicable period means the 4-year period beginning with the first day following the date of the general election for the office of President and ending on the date of the next such general election.(C)

Rounding

If any amount as adjusted under subparagraph (A) is not a multiple of $10,000, such amount shall be rounded to the nearest multiple of $10,000..

5202.

Eligibility requirements for matching payments

(a)

Amount of aggregate contributions per State; disregarding of amounts contributed in excess of $200

Section 9033(b)(3) of the Internal Revenue Code of 1986 is amended—(1)by striking $5,000 and inserting $25,000; and(2)by striking 20 States and inserting the following: 20 States (disregarding any amount of contributions from any such resident to the extent that the total of the amounts contributed by such resident for the election exceeds $200).(b)

Contribution limit

(1)

In general

Paragraph (4) of section 9033(b) of such Code is amended to read as follows:(4)the candidate and the authorized committees of the candidate will not accept aggregate contributions from any person with respect to the nomination for election to the office of President of the United States in excess of $1,000 for the election..(2)

Conforming amendments

(A)Section 9033(b) of such Code is amended by adding at the end the following new flush sentence:For purposes of paragraph (4), the term contribution has the meaning given such term in section 301(8) of the Federal Election Campaign Act of 1971. .(B)Section 9032(4) of such Code, as amended by section 5201(a)(3)(A), is amended by inserting or 9033(b) after 9034.(c)

Participation in system for payments for general election

Section 9033(b) of such Code is amended—(1)by striking and at the end of paragraph (3);(2)by striking the period at the end of paragraph (4) and inserting , and; and(3)by inserting after paragraph (4) the following new paragraph:(5)if the candidate is nominated by a political party for election to the office of President, the candidate will apply for and accept payments with respect to the general election for such office in accordance with chapter 95..(d)

Prohibition on joint fundraising committees

Section 9033(b) of such Code, as amended by subsection (c), is amended—(1)by striking and at the end of paragraph (4);(2)by striking the period at the end of paragraph (5) and inserting ; and; and(3)by inserting after paragraph (5) adding at the end the following new paragraph:(6)the candidate will not establish a joint fundraising committee with a political committee other than another authorized committee of the candidate, except that candidate established a joint fundraising committee with respect to a prior election for which the candidate was not eligible to receive payments under section 9037 and the candidate does not terminate the committee, the candidate shall not be considered to be in violation of this paragraph so long as that joint fundraising committee does not receive any contributions or make any disbursements during the election cycle for which the candidate is eligible to receive payments under such section..

5203.

Repeal of expenditure limitations

(a)

In general

Subsection (a) of section 9035 of the Internal Revenue Code of 1986 is amended to read as follows:(a)

Personal expenditure limitation

No candidate shall knowingly make expenditures from his personal funds, or the personal funds of his immediate family, in connection with his campaign for nomination for election to the office of President in excess of, in the aggregate, $50,000..(b)

Conforming amendment

Paragraph (1) of section 9033(b) of the Internal Revenue Code of 1986 is amended to read as follows:(1)the candidate will comply with the personal expenditure limitation under section 9035,.

5204.

Period of availability of matching payments

Section 9032(6) of the Internal Revenue Code of 1986 is amended by striking the beginning of the calendar year in which a general election for the office of President of the United States will be held and inserting the date that is 6 months prior to the date of the earliest State primary election.

5205.

Examination and audits of matchable contributions

Section 9038(a) of the Internal Revenue Code of 1986 is amended by inserting and matchable contributions accepted by after qualified campaign expenses of.

5206.

Modification to limitation on contributions for Presidential primary candidates

Section 315(a)(6) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30116(a)(6)) is amended by striking calendar year and inserting four-year election cycle.

2

General Elections

5211.

Modification of eligibility requirements for public financing

Subsection (a) of section 9003 of the Internal Revenue Code of 1986 is amended to read as follows:(a)

In general

In order to be eligible to receive any payments under section 9006, the candidates of a political party in a Presidential election shall meet the following requirements:(1)

Participation in primary payment system

The candidate for President received payments under chapter 96 for the campaign for nomination for election to be President.(2)

Agreements with Commission

The candidates, in writing—(A)agree to obtain and furnish to the Commission such evidence as it may request of the qualified campaign expenses of such candidates,(B)agree to keep and furnish to the Commission such records, books, and other information as it may request, and(C)agree to an audit and examination by the Commission under section 9007 and to pay any amounts required to be paid under such section.(3)

Prohibition on joint fundraising committees

(A)

Prohibition

The candidates certify in writing that the candidates will not establish a joint fundraising committee with a political committee other than another authorized committee of the candidate.(B)

Status of existing committees for prior elections

If a candidate established a joint fundraising committee described in subparagraph (A) with respect to a prior election for which the candidate was not eligible to receive payments under section 9006 and the candidate does not terminate the committee, the candidate shall not be considered to be in violation of subparagraph (A) so long as that joint fundraising committee does not receive any contributions or make any disbursements with respect to the election for which the candidate is eligible to receive payments under section 9006..

5212.

Repeal of expenditure limitations and use of qualified campaign contributions

(a)

Use of qualified campaign contributions without expenditure limits; application of same requirements for major, minor, and new parties

Section 9003 of the Internal Revenue Code of 1986 is amended by striking subsections (b) and (c) and inserting the following:(b)

Use of Qualified Campaign Contributions To Defray Expenses

(1)

In general

In order to be eligible to receive any payments under section 9006, the candidates of a party in a Presidential election shall certify to the Commission, under penalty of perjury, that—(A)such candidates and their authorized committees have not and will not accept any contributions to defray qualified campaign expenses other than—(i)qualified campaign contributions, and(ii)contributions to the extent necessary to make up any deficiency payments received out of the fund on account of the application of section 9006(c), and(B)such candidates and their authorized committees have not and will not accept any contribution to defray expenses which would be qualified campaign expenses but for subparagraph (C) of section 9002(11).(2)

Timing of certification

The candidate shall make the certification required under this subsection at the same time the candidate makes the certification required under subsection (a)(3)..(b)

Definition of qualified campaign contribution

Section 9002 of such Code is amended by adding at the end the following new paragraph:(13)

Qualified campaign contribution

The term qualified campaign contribution means, with respect to any election for the office of President of the United States, a contribution from an individual to a candidate or an authorized committee of a candidate which—(A)does not exceed $1,000 for the election, and(B)with respect to which the candidate has certified in writing that—(i)the individual making such contribution has not made aggregate contributions (including such qualified contribution) to such candidate and the authorized committees of such candidate in excess of the amount described in subparagraph (A), and(ii)such candidate and the authorized committees of such candidate will not accept contributions from such individual (including such qualified contribution) aggregating more than the amount described in subparagraph (A) with respect to such election..(c)

Conforming amendments

(1)

Repeal of expenditure limits

(A)

In general

Section 315 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30116) is amended by striking subsection (b).(B)

Conforming amendments

Section 315(c) of such Act (52 U.S.C. 30116(c)) is amended—(i)in paragraph (1)(B)(i), by striking , (b); and(ii)in paragraph (2)(B)(i), by striking subsections (b) and (d) and inserting subsection (d).(2)

Repeal of repayment requirement

(A)

In general

Section 9007(b) of the Internal Revenue Code of 1986 is amended by striking paragraph (2) and redesignating paragraphs (3), (4), and (5) as paragraphs (2), (3), and (4), respectively.(B)

Conforming amendment

Paragraph (2) of section 9007(b) of such Code, as redesignated by subparagraph (A), is amended—(i)by striking a major party and inserting a party;(ii)by striking contributions (other than and inserting contributions (other than qualified contributions; and(iii)by striking (other than qualified campaign expenses with respect to which payment is required under paragraph (2)).(3)

Criminal penalties

(A)

Repeal of penalty for excess expenses

Section 9012 of the Internal Revenue Code of 1986 is amended by striking subsection (a).(B)

Penalty for acceptance of disallowed contributions; application of same penalty for candidates of major, minor, and new parties

Subsection (b) of section 9012 of such Code is amended to read as follows:(b)

Contributions

(1)

Acceptance of disallowed contributions

It shall be unlawful for an eligible candidate of a party in a Presidential election or any of his authorized committees knowingly and willfully to accept—(A)any contribution other than a qualified campaign contribution to defray qualified campaign expenses, except to the extent necessary to make up any deficiency in payments received out of the fund on account of the application of section 9006(c), or(B)any contribution to defray expenses which would be qualified campaign expenses but for subparagraph (C) of section 9002(11).(2)

Penalty

Any person who violates paragraph (1) shall be fined not more than $5,000, or imprisoned not more than one year, or both. In the case of a violation by an authorized committee, any officer or member of such committee who knowingly and willfully consents to such violation shall be fined not more than $5,000, or imprisoned not more than one year, or both..

5213.

Matching payments and other modifications to payment amounts

(a)

In general

(1)

Amount of payments; application of same amount for candidates of major, minor, and new parties

Subsection (a) of section 9004 of the Internal Revenue Code of 1986 is amended to read as follows:(a)

In general

Subject to the provisions of this chapter, the eligible candidates of a party in a Presidential election shall be entitled to equal payment under section 9006 in an amount equal to 600 percent of the amount of each matchable contribution received by such candidate or by the candidate’s authorized committees (disregarding any amount of contributions from any person to the extent that the total of the amounts contributed by such person for the election exceeds $200), except that total amount to which a candidate is entitled under this paragraph shall not exceed $250,000,000..(2)

Repeal of separate limitations for candidates of minor and new parties; inflation adjustment

Subsection (b) of section 9004 of such Code is amended to read as follows:(b)

Inflation adjustment

(1)

In general

In the case of any applicable period beginning after 2029, the $250,000,000 dollar amount in subsection (a) shall be increased by an amount equal to—(A)such dollar amount, multiplied by(B)the cost-of-living adjustment determined under section 1(f)(3) for the calendar year following the year which such applicable period begins, determined by substituting calendar year 2028 for calendar year 1992 in subparagraph (B) thereof.(2)

Applicable period

For purposes of this subsection, the term applicable period means the 4-year period beginning with the first day following the date of the general election for the office of President and ending on the date of the next such general election.(3)

Rounding

If any amount as adjusted under paragraph (1) is not a multiple of $10,000, such amount shall be rounded to the nearest multiple of $10,000..(3)

Conforming amendment

Section 9005(a) of such Code is amended by adding at the end the following new sentence: The Commission shall make such additional certifications as may be necessary to receive payments under section 9004..(b)

Matchable contribution

Section 9002 of such Code, as amended by section 5212(b), is amended by adding at the end the following new paragraph:(14)

Matchable contribution

The term matchable contribution means, with respect to the election to the office of President of the United States, a contribution by an individual to a candidate or an authorized committee of a candidate with respect to which the candidate has certified in writing that—(A)the individual making such contribution has not made aggregate contributions (including such matchable contribution) to such candidate and the authorized committees of such candidate in excess of $1,000 for the election,(B)such candidate and the authorized committees of such candidate will not accept contributions from such individual (including such matchable contribution) aggregating more than the amount described in subparagraph (A) with respect to such election, and(C)such contribution was a direct contribution (as defined in section 9034(c)(3))..

5214.

Increase in limit on coordinated party expenditures

(a)

In general

Section 315(d)(2) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30116(d)(2)) is amended to read as follows:(2)(A)The national committee of a political party may not make any expenditure in connection with the general election campaign of any candidate for President of the United States who is affiliated with such party which exceeds $100,000,000.(B)For purposes of this paragraph—(i)any expenditure made by or on behalf of a national committee of a political party and in connection with a Presidential election shall be considered to be made in connection with the general election campaign of a candidate for President of the United States who is affiliated with such party; and(ii)any communication made by or on behalf of such party shall be considered to be made in connection with the general election campaign of a candidate for President of the United States who is affiliated with such party if any portion of the communication is in connection with such election.(C)Any expenditure under this paragraph shall be in addition to any expenditure by a national committee of a political party serving as the principal campaign committee of a candidate for the office of President of the United States..(b)

Conforming Amendments Relating to Timing of Cost-of-Living Adjustment

(1)

In general

Section 315(c)(1) of such Act (52 U.S.C. 30116(c)(1)) is amended—(A)in subparagraph (B), by striking (d) and inserting (d)(2); and(B)by adding at the end the following new subparagraph:(D)In any calendar year after 2028—(i)the dollar amount in subsection (d)(2) shall be increased by the percent difference determined under subparagraph (A);(ii)the amount so increased shall remain in effect for the calendar year; and(iii)if the amount after adjustment under clause (i) is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100..(2)

Base year

Section 315(c)(2)(B) of such Act (52 U.S.C. 30116(c)(2)(B)) is amended—(A)in clause (i)—(i)by striking (d) and inserting (d)(3); and(ii)by striking and at the end;(B)in clause (ii), by striking the period at the end and inserting ; and; and(C)by adding at the end the following new clause:(iii)for purposes of subsection (d)(2), calendar year 2027..

5215.

Use of general election payments for general election legal and accounting compliance

Section 9002(11) of the Internal Revenue Code of 1986 is amended by adding at the end the following new sentence: For purposes of subparagraph (A), an expense incurred by a candidate or authorized committee for general election legal and accounting compliance purposes shall be considered to be an expense to further the election of such candidate..

3

Effective Date

5221.

Effective date

(a)

In general

Except as otherwise provided, this subtitle and the amendments made by this subtitle shall apply with respect to the Presidential election held in 2028 and each succeeding Presidential election, without regard to whether or not the Federal Election Commission has promulgated the final regulations necessary to carry out this subtitle and the amendments made by this subtitle by the deadline set forth in subsection (b).(b)

Deadline for regulations

Not later than June 30, 2026, the Federal Election Commission shall promulgate such regulations as may be necessary to carry out this subtitle and the amendments made by this subtitle.

D

Personal Use Services as Authorized Campaign Expenditures

5301.

Short title; findings; purpose

(a)

Short title

This subtitle may be cited as the Help America Run Act.(b)

Findings

Congress finds the following:(1)Everyday Americans experience barriers to entry before they can consider running for office to serve their communities.(2)Current law states that campaign funds cannot be spent on everyday expenses that would exist whether or not a candidate were running for office, like childcare and food. While the law seems neutral, its actual effect is to privilege the independently wealthy who want to run, because given the demands of running for office, candidates who must work to pay for childcare or to afford health insurance are effectively being left out of the process, even if they have sufficient support to mount a viable campaign.(3)Thus current practice favors those prospective candidates who do not need to rely on a regular paycheck to make ends meet. The consequence is that everyday Americans who have firsthand knowledge of the importance of stable childcare, a safety net, or great public schools are less likely to get a seat at the table. This governance by the few is antithetical to the democratic experiment, but most importantly, when lawmakers do not share the concerns of everyday Americans, their policies reflect that.(4)These circumstances have contributed to a Congress that does not always reflect everyday Americans. The New York Times reported in 2019 that fewer than 5 percent of representatives cite blue-collar or service jobs in their biographies. A 2015 survey by the Center for Responsive Politics showed that the median net worth of lawmakers was just over $1 million in 2013, or 18 times the wealth of the typical American household.(5)These circumstances have also contributed to a governing body that does not reflect the nation it serves. For instance, women are 51 percent of the American population. Yet even with a record number of women serving in the One Hundred Sixteenth Congress, the Pew Research Center notes that more than three out of four Members of this Congress are male. The Center for American Women And Politics found that one third of women legislators surveyed had been actively discouraged from running for office, often by political professionals. This type of discouragement, combined with the prohibitions on using campaign funds for domestic needs like childcare, burdens that still fall disproportionately on American women, particularly disadvantages working mothers. These barriers may explain why only 10 women in history have given birth while serving in Congress, in spite of the prevalence of working parents in other professions. Yet working mothers and fathers are best positioned to create policy that reflects the lived experience of most Americans.(6)Working mothers, those caring for their elderly parents, and young professionals who rely on their jobs for health insurance should have the freedom to run to serve the people of the United States. Their networks and net worth are simply not the best indicators of their strength as prospective public servants. In fact, helping ordinary Americans to run may create better policy for all Americans.(c)

Purpose

It is the purpose of this subtitle to ensure that all Americans who are otherwise qualified to serve this Nation are able to run for office, regardless of their economic status. By expanding permissible uses of campaign funds and providing modest assurance that testing a run for office will not cost one’s livelihood, the Help America Run Act will facilitate the candidacy of representatives who more accurately reflect the experiences, challenges, and ideals of everyday Americans.

5302.

Treatment of payments for child care and other personal use services as authorized campaign expenditure

(a)

Personal use services as authorized campaign expenditure

Section 313 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30114) is amended by adding at the end the following new subsection:(d)

Treatment of payments for child care and other personal use services as authorized campaign expenditure

(1)

Authorized expenditures

For purposes of subsection (a), the payment by an authorized committee of a candidate for any of the personal use services described in paragraph (3) shall be treated as an authorized expenditure if the services are necessary to enable the participation of the candidate in campaign-connected activities.(2)

Limitations

(A)

Limit on total amount of payments

The total amount of payments made by an authorized committee of a candidate for personal use services described in paragraph (3) may not exceed the limit which is applicable under any law, rule, or regulation on the amount of payments which may be made by the committee for the salary of the candidate (without regard to whether or not the committee makes payments to the candidate for that purpose).(B)

Corresponding reduction in amount of salary paid to candidate

To the extent that an authorized committee of a candidate makes payments for the salary of the candidate, any limit on the amount of such payments which is applicable under any law, rule, or regulation shall be reduced by the amount of any payments made to or on behalf of the candidate for personal use services described in paragraph (3), other than personal use services described in subparagraph (D) of such paragraph.(C)

Exclusion of candidates who are officeholders

Paragraph (1) does not apply with respect to an authorized committee of a candidate who is a holder of Federal office.(3)

Personal use services described

The personal use services described in this paragraph are as follows:(A)Child care services.(B)Elder care services.(C)Services similar to the services described in subparagraph (A) or subparagraph (B) which are provided on behalf of any dependent who is a qualifying relative under section 152 of the Internal Revenue Code of 1986.(D)Health insurance premiums..(b)

Effective date

The amendments made by this section shall take effect on the date of the enactment of this Act.

E

Empowering small dollar donations

5401.

Permitting political party committees to provide enhanced support for candidates through use of separate small dollar accounts

(a)

Increase in Limit on Contributions to Candidates

Section 315(a)(2)(A) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30116(a)(2)(A)) is amended by striking exceed $5,000 and inserting exceed $5,000 or, in the case of a contribution made by a national committee of a political party from an account described in paragraph (11), exceed $10,000. (b)

Elimination of Limit on Coordinated Expenditures

Section 315(d)(5) of such Act (52 U.S.C. 30116(d)(5)) is amended by striking subsection (a)(9) and inserting subsection (a)(9) or subsection (a)(11).(c)

Accounts Described

Section 315(a) of such Act (52 U.S.C. 30116(a)), as amended by section 5112(a), is amended by adding at the end the following new paragraph:(11)An account described in this paragraph is a separate, segregated account of a national committee of a political party (including a national congressional campaign committee of a political party) consisting exclusively of contributions made during a calendar year by individuals whose aggregate contributions to the committee during the year do not exceed $200..(d)

Effective Date

The amendments made by this section shall apply with respect to elections held on or after the date of the enactment of this Act.

F

Severability

5501.

Severability

If any provision of this title or amendment made by this title, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this title and amendments made by this title, and the application of the provisions and amendment to any person or circumstance, shall not be affected by the holding.

C

Ethics

.

8004.

Prohibition of procurement officers accepting employment from government contractors

(a)

Expansion of prohibition on acceptance by former officials of compensation from contractors

Section 2104 of title 41, United States Code, is amended—(1)in subsection (a)—(A)in the matter preceding paragraph (1)—(i)by striking or consultant and inserting attorney, consultant, subcontractor, or lobbyist; and(ii)by striking one year and inserting 2 years; and(B)in paragraph (3), by striking personally made for the Federal agency and inserting participated personally and substantially in; and(2)by striking subsection (b) and inserting the following:(b)

Prohibition on compensation from affiliates and subcontractors

A former official responsible for a Government contract referred to in paragraph (1), (2), or (3) of subsection (a) may not accept compensation for 2 years after awarding the contract from any division, affiliate, or subcontractor of the contractor..(b)

Requirement for procurement officers To disclose job offers made to relatives

Section 2103(a) of title 41, United States Code, is amended in the matter preceding paragraph (1) by inserting after that official the following: , or for a relative (as defined in section 3110 of title 5) of that official,.(c)

Requirement on award of government contracts to former employers

(1)

In general

Chapter 21 of division B of subtitle I of title 41, United States Code, is amended by adding at the end the following new section:

2108.

Prohibition on involvement by certain former contractor employees in procurements

An employee of the Federal Government may not participate personally and substantially in any award of a contract to, or the administration of a contract awarded to, a contractor that is a former employer of the employee during the 2-year period beginning on the date on which the employee leaves the employment of the contractor.

.(2)

Technical and conforming amendment

The table of sections for chapter 21 of title 41, United States Code, is amended by adding at the end the following new item:2108. Prohibition on involvement by certain former contractor employees in procurements. .(d)

Regulations

The Director of the Office of Government Ethics, in consultation with the Administrator of General Services, shall promulgate regulations to carry out and ensure the enforcement of chapter 21 of title 41, United States Code, as amended by this section.(e)

Monitoring and compliance

The Administrator of General Services, in consultation with designated agency ethics officials (as that term is defined in section 109(3) of the Ethics in Government Act of 1978 (5 U.S.C. App.)), shall monitor compliance with chapter 21 of title 41, United States Code, as amended by this section, by individuals and agencies.

8005.

Revolving door restrictions on employees moving into the private sector

(a)

In general

Subsection (c) of section 207 of title 18, United States Code, is amended—(1)in the subsection heading, by striking One-year and inserting Two-year; (2)in paragraph (1)—(A)by striking 1 year in each instance and inserting 2 years; and(B)by inserting , or conducts any lobbying activity to facilitate any communication to or appearance before, after any communication to or appearance before; and(3)in paragraph (2)(B), by striking 1-year and inserting 2-year. (b)

Application

The amendments made by subsection (a) shall apply to any individual covered by subsection (c) of section 207 of title 18, United States Code, separating from the civil service on or after the date of enactment of this Act.

8006.

Guidance on unpaid employees

(a)

In general

Not later than 120 days after the date of enactment of this Act, the Director of the Office of Government Ethics shall issue guidance on ethical standards applicable to unpaid employees of an agency. (b)

Definitions

In this section—(1)the term agency includes the Executive Office of the President and the White House; and(2)the term unpaid employee includes any individual occupying a position at an agency and who is unpaid by operation of section 3110 of title 5, United States Code, or any other provision of law, but does not include any employee who is unpaid due to a lapse in appropriations.

8007.

Limitation on use of Federal funds and contracting at businesses owned by certain Government officers and employees

(a)

Limitation on Federal funds

Beginning in fiscal year 2022 and in each fiscal year thereafter, no Federal funds may be obligated or expended for purposes of procuring goods or services at any business owned or controlled by a covered individual or any family member of such an individual, unless such obligation or expenditure of funds is authorized under the Presidential Protection Assistance Act of 1976 (18 U.S.C. 3056 note).(b)

Prohibition on contracts

No Executive agency may enter into or hold a contract with a business owned or controlled by a covered individual or any family member of such an individual.(c)

Determination of ownership

For purposes of this section, a business shall be deemed to be owned or controlled by a covered individual or any family member of such an individual if the covered individual or member of family (as the case may be)—(1)is a member of the board of directors or similar governing body of the business; (2)directly or indirectly owns or controls more than 50 percent of the voting shares of the business; or(3)is the beneficiary of a trust which owns or controls more than 50 percent of the business and can direct distributions under the terms of the trust.(d)

Definitions

In this section:(1)

Covered individual

The term covered individual means—(A)the President;(B)the Vice President;(C)the head of any Executive department (as that term is defined in section 101 of title 5, United States Code); and(D)any individual occupying a position designated by the President as a Cabinet-level position.(2)

Executive agency

The term Executive agency has the meaning given that term in section 105 of title 5, United States Code.(3)

Family member

The term family member means an individual with any of the following relationships to a covered individual:(A)Spouse, and parents thereof.(B)Sons and daughters, and spouses thereof.(C)Parents, and spouses thereof.(D)Brothers and sisters, and spouses thereof.(E)Grandparents and grandchildren, and spouses thereof.(F)Domestic partner and parents thereof, including domestic partners of any individual in subparagraphs (A) through (E).

B

Presidential Conflicts of Interest

8011.

Short title

This subtitle may be cited as the Presidential Conflicts of Interest Act of 2021.

8012.

Divestiture of personal financial interests of the President and Vice President that pose a potential conflict of interest

(a)

In general

The Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by adding after title VI (as added by section 8003) the following:.(b)

Additional disclosures

Section 102(a) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following:(9)With respect to any such report filed by the President or Vice President, for any corporation, company, firm, partnership, or other business enterprise in which the President, Vice President, or the spouse or dependent child of the President or Vice President, has a significant financial interest—(A)the name of each other person who holds a significant financial interest in the firm, partnership, association, corporation, or other entity;(B)the value, identity, and category of each liability in excess of $10,000; and(C)a description of the nature and value of any assets with a value of $10,000 or more..(c)

Regulations

Not later than 120 days after the date of enactment of this Act, the Director of the Office of Government Ethics shall promulgate regulations to define the criteria required by section 701(a)(1) of the Ethics in Government Act of 1978 (as added by subsection (a)) and the term significant financial interest for purposes of section 102(a)(9) of the Ethics in Government Act (as added by subsection (b)).

8013.

Initial financial disclosure

Subsection (a) of section 101 of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by striking position and adding at the end the following: position, with the exception of the President and Vice President, who must file a new report..

8014.

Contracts by the President or Vice President

(a)

Amendment

Section 431 of title 18, United States Code, is amended—(1)in the section heading, by inserting the President, Vice President, Cabinet Member, or a after Contracts by; and(2)in the first undesignated paragraph, by inserting the President, Vice President, or any Cabinet member after Whoever, being.(b)

Table of sections amendment

The table of sections for chapter 23 of title 18, United States Code, is amended by striking the item relating to section 431 and inserting the following:431. Contracts by the President, Vice President, Cabinet Member, or a Member of Congress. .

8015.

Legal Defense Funds

(a)

Definitions

In this section—(1)the term Director means the Director of the Office of Government Ethics; (2)the term legal defense fund means a trust—(A)that has only one beneficiary;(B)that is subject to a trust agreement creating an enforceable fiduciary duty on the part of the trustee to the beneficiary, pursuant to the applicable law of the jurisdiction in which the trust is established;(C)that is subject to a trust agreement that provides for the mandatory public disclosure of all donations and disbursements;(D)that is subject to a trust agreement that prohibits the use of its resources for any purpose other than—(i)the administration of the trust;(ii)the payment or reimbursement of legal fees or expenses incurred in investigative, civil, criminal, or other legal proceedings relating to or arising by virtue of service by the trust’s beneficiary as an officer or employee, as defined in this section, or as an employee, contractor, consultant or volunteer of the campaign of the President or Vice President; or(iii)the distribution of unused resources to a charity selected by the trustee that has not been selected or recommended by the beneficiary of the trust;(E)that is subject to a trust agreement that prohibits the use of its resources for any other purpose or personal legal matters, including tax planning, personal injury litigation, protection of property rights, divorces, or estate probate; and(F)that is subject to a trust agreement that prohibits the acceptance of donations, except in accordance with this section and the regulations of the Office of Government Ethics;(3)the term officer or employee means—(A)an officer (as that term is defined in section 2104 of title 5, United States Code) or employee (as that term is defined in section 2105 of such title) of the executive branch of the Government;(B)the Vice President; and(C)the President; and(4)the term relative has the meaning given that term in section 3110 of title 5, United States Code.(b)

Legal defense funds

An officer or employee may not accept or use any gift or donation for the payment or reimbursement of legal fees or expenses incurred in investigative, civil, criminal, or other legal proceedings relating to or arising by virtue of the officer or employee’s service as an officer or employee, as defined in this section, or as an employee, contractor, consultant or volunteer of the campaign of the President or Vice President except through a legal defense fund that is certified by the Director of the Office of Government Ethics.(c)

Limits on gifts and donations

Not later than 120 days after the date of the enactment of this Act, the Director shall promulgate regulations establishing limits with respect to gifts and donations described in subsection (b), which shall, at a minimum—(1)prohibit the receipt of any gift or donation described in subsection (b)—(A)from a single contributor (other than a relative of the officer or employee) in a total amount of more than $5,000 during any calendar year;(B)from a registered lobbyist;(C)from a foreign government or an agent of a foreign principal;(D)from a State government or an agent of a State government;(E)from any person seeking official action from, or seeking to do or doing business with, the agency employing the officer or employee;(F)from any person conducting activities regulated by the agency employing the officer or employee;(G)from any person whose interests may be substantially affected by the performance or nonperformance of the official duties of the officer or employee;(H)from an officer or employee of the executive branch; or(I)from any organization a majority of whose members are described in subparagraphs (A) through (H); and(2)require that a legal defense fund, in order to be certified by the Director, only permit distributions to the applicable officer or employee.(d)

Written notice

(1)

In general

An officer or employee who wishes to accept funds or have a representative accept funds from a legal defense fund shall first ensure that the proposed trustee of the legal defense fund submits to the Director the following information:(A)The name and contact information for any proposed trustee of the legal defense fund.(B)A copy of any proposed trust document for the legal defense fund.(C)The nature of the legal proceeding (or proceedings), investigation, or other matter which gives rise to the establishment of the legal defense fund.(D)An acknowledgment signed by the officer or employee and the trustee indicating that they will be bound by the regulations and limitations under this section.(2)

Approval

An officer or employee may not accept any gift or donation to pay, or to reimburse any person for, fees or expenses described in subsection (b) of this section except through a legal defense fund that has been certified in writing by the Director following that office’s receipt and approval of the information submitted under paragraph (1) and approval of the structure of the fund.(e)

Reporting

(1)

In general

An officer or employee who establishes a legal defense fund may not directly or indirectly accept distributions from a legal defense fund unless the fund has provided the Director a quarterly report for each quarter of every calendar year since the establishment of the legal defense fund that discloses, with respect to the quarter covered by the report—(A)the source and amount of each contribution to the legal defense fund; and(B)the amount, recipient, and purpose of each expenditure from the legal defense fund, including all distributions from the trust for any purpose.(2)

Public availability

The Director shall make publicly available online—(A)each report submitted under paragraph (1) in a searchable, sortable, and downloadable form;(B)each trust agreement and any amendment thereto;(C)the written notice and acknowledgment required by subsection (d); and(D)the Director’s written certification of the legal defense fund.(f)

Recusal

An officer or employee, other than the President and the Vice President, who is the beneficiary of a legal defense fund may not participate personally and substantially in any particular matter in which the officer or employee knows a donor of any source of a gift or donation to the legal defense fund established for the officer or employee has a financial interest, for a period of two years from the date of the most recent gift or donation to the legal defense fund.

C

White House Ethics Transparency

8021.

Short title

This subtitle may be cited as the White House Ethics Transparency Act of 2021.

8022.

Procedure for waivers and authorizations relating to ethics requirements

(a)

In general

Notwithstanding any other provision of law, not later than 30 days after an officer or employee issues or approves a waiver or authorization pursuant to any executive order related to ethics commitments or compliance by covered employees, such officer or employee shall—(1)transmit a written copy of such waiver or authorization to the Director of the Office of Government Ethics; and(2)make a written copy of such waiver or authorization available to the public on the website of the employing agency of the covered employee.(b)

Office of Government Ethics public availability

Not later than 30 days after receiving a written copy of a waiver or authorization under subsection (a)(1), the Director of the Office of Government Ethics shall make such waiver or authorization available to the public on the website of the Office of Government Ethics.(c)

Definition of covered employee

In this section, the term covered employee—(1)means a non-career Presidential or Vice Presidential appointee, non-career appointee in the Senior Executive Service (or other SES-type system), or an appointee to a position that has been excepted from the competitive service by reason of being of a confidential or policymaking character (Schedule C and other positions excepted under comparable criteria) in an executive agency; and (2)does not include any individual appointed as a member of the Senior Foreign Service or solely as a uniformed service commissioned officer.

D

Executive Branch Ethics Enforcement

8031.

Short title

This subtitle may be cited as the Executive Branch Comprehensive Ethics Enforcement Act of 2021.

8032.

Reauthorization of the Office of Government Ethics

Section 405 of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by striking fiscal year 2007 and inserting fiscal years 2021 through 2025..

8033.

Tenure of the Director of the Office of Government Ethics

Section 401(b) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by striking the period at the end and inserting , subject to removal only for inefficiency, neglect of duty, or malfeasance in office. The Director may continue to serve beyond the expiration of the term until a successor is appointed and has qualified, except that the Director may not continue to serve for more than one year after the date on which the term would otherwise expire under this subsection..

8034.

Duties of Director of the Office of Government Ethics

(a)

In general

Section 402(a) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by striking , in consultation with the Office of Personnel Management,.(b)

Responsibilities of the Director

Section 402(b) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended—(1)in paragraph (1)—(A)by striking developing, in consultation with the Attorney General and the Office of Personnel Management, rules and regulations to be promulgated by the President or the Director and inserting developing and promulgating rules and regulations; and(B)by striking title II and inserting title I;(2)by striking paragraph (2) and inserting the following:(2)providing mandatory education and training programs for designated agency ethics officials, which may be delegated to each agency or the White House Counsel as determined appropriate by the Director;;(3)in paragraph (3), by striking title II and inserting title I;(4)in paragraph (4), by striking problems and inserting issues;(5)in paragraph (6)—(A)by striking issued by the President or the Director; and(B)by striking problems and inserting issues;(6)in paragraph (7)—(A)by striking , when requested,; and(B)by striking conflict of interest problems and inserting conflicts of interest, as well as other ethics issues;(7)in paragraph (9)—(A)by striking ordering and inserting receiving allegations of violations of this Act or regulations of the Office of Government Ethics and, when necessary, investigating an allegation to determine whether a violation occurred, and ordering; and(B)by inserting before the semicolon the following: , and recommending appropriate disciplinary action;(8)in paragraph (12)—(A)by striking evaluating, with the assistance of and inserting promulgating, with input from;(B)by striking the need for; and(C)by striking conflict of interest and ethical problems and inserting conflict of interest and ethics issues;(9)in paragraph (13)—(A)by striking with the Attorney General and inserting with the Inspectors General and the Attorney General;(B)by striking violations of the conflict of interest laws and inserting conflict of interest issues and allegations of violations of ethics laws and regulations and this Act; and(C)by striking , as required by section 535 of title 28, United States Code;(10)in paragraph (14), by striking and at the end;(11)in paragraph (15)—(A)by striking , in consultation with the Office of Personnel Management,;(B)by striking title II and inserting title I; and(C)by striking the period at the end and inserting a semicolon; and(12)by adding at the end the following:(16)directing and providing final approval, when determined appropriate by the Director, for designated agency ethics officials regarding the resolution of conflicts of interest as well as any other ethics issues under the purview of this Act in individual cases; and(17)reviewing and approving, when determined appropriate by the Director, any recusals, exemptions, or waivers from the conflicts of interest and ethics laws, rules, and regulations and making approved recusals, exemptions, and waivers made publicly available by the relevant agency available in a central location on the official website of the Office of Government Ethics..(c)

Written procedures

Paragraph (1) of section 402(d) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended—(1)by striking , by the exercise of any authority otherwise available to the Director under this title,;(2)by striking the agency is;(3)by striking collect, review, evaluate, and if applicable, make and insert collects, reviews, evaluates, and, if applicable, makes; and(4)by inserting after filed by the following: , or written documentation of recusals, waivers, or ethics authorizations relating to,.(d)

Corrective actions

Section 402(f) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended—(1)in paragraph (1)—(A)in clause (i) of subparagraph (A), by striking of such agency; and(B)in subparagraph (B), by inserting before the period at the end and determine that a violation of this Act has occurred and issue appropriate administrative or legal remedies as prescribed in paragraph (2);(2)in paragraph (2)—(A)in subparagraph (A)—(i)in clause (ii)—(I)in subclause (I), by inserting to the President or the President’s designee if the matter involves employees of the Executive Office of the President or after may recommend; and(II)in subclause (II)—(aa)by inserting President or after determines that the; and(bb)by adding and at the end;(ii)in subclause (II) of clause (iii)—(I)by striking notify, in writing, and inserting advise the President or order;(II)by inserting to take appropriate disciplinary action including reprimand, suspension, demotion, or dismissal against the officer or employee (provided, however, that any order issued by the Director shall not affect an employee’s right to appeal a disciplinary action under applicable law, regulation, collective bargaining agreement, or contractual provision). after employee’s agency; and(III)by striking of the officer’s or employee’s noncompliance, except that, if the officer or employee involved is the agency head, the notification shall instead be submitted to the President; and; and(iii)by striking clause (iv);(B)in subparagraph (B)(i)—(i)by striking subparagraph (A)(iii) or (iv) and inserting subparagraph (A);(ii)by inserting (I) before In order to; and(iii)by adding at the end the following:(II)(aa)The Director may secure directly from any agency information necessary to enable the Director to carry out this Act. Upon request of the Director, the head of such agency shall furnish that information to the Director.(bb)The Director may require by subpoena the production of all information, documents, reports, answers, records, accounts, papers, and other data in any medium and documentary evidence necessary in the performance of the functions assigned by this Act, which subpoena, in the case of refusal to obey, shall be enforceable by order of any appropriate United States district court.;(C)in subparagraph (B)(ii)(I)—(i)by striking Subject to clause (iv) of this subparagraph, before and inserting Before; and(ii)by striking subparagraphs (A) (iii) or (iv) and inserting subparagraph (A)(iii);(D)in subparagraph (B)(iii), by striking Subject to clause (iv) of this subparagraph, before and inserting Before; and(E)in subparagraph (B)(iv)—(i)by striking title 2 and inserting title I; and(ii)by striking section 206 and inserting section 106; and(3)in paragraph (4), by striking (iv),.(e)

Definitions

Section 402 of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following:(g)For purposes of this title—(1)the term agency shall include the Executive Office of the President; and(2)the term officer or employee shall include any individual occupying a position, providing any official services, or acting in an advisory capacity, in the White House or the Executive Office of the President.(h)In this title, a reference to the head of an agency shall include the President or the President’s designee.(i)The Director shall not be required to obtain the prior approval, comment, or review of any officer or agency of the United States, including the Office of Management and Budget, before submitting to Congress, or any committee or subcommittee thereof, any information, reports, recommendations, testimony, or comments, if such submissions include a statement indicating that the views expressed therein are those of the Director and do not necessarily represent the views of the President..

8035.

Agency ethics officials training and duties

(a)

In general

Section 403 of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended—(1)in subsection (a), by adding a period at the end of the matter following paragraph (2); and(2)by adding at the end the following:(c)(1)All designated agency ethics officials and alternate designated agency ethics officials shall register with the Director as well as with the appointing authority of the official.(2)The Director shall provide ethics education and training to all designated and alternate designated agency ethics officials in a time and manner determined appropriate by the Director.(3)Each designated agency ethics official and each alternate designated agency ethics official shall biannually attend ethics education and training, as provided by the Director under paragraph (2).(d)Each Designated Agency Ethics Official, including the Designated Agency Ethics Official for the Executive Office of the President—(1)shall provide to the Director, in writing, in a searchable, sortable, and downloadable format, all approvals, authorizations, certifications, compliance reviews, determinations, directed divestitures, public financial disclosure reports, notices of deficiency in compliance, records related to the approval or acceptance of gifts, recusals, regulatory or statutory advisory opinions, waivers, including waivers under section 207 or 208 of title 18, United States Code, and any other records designated by the Director, unless disclosure is prohibited by law;(2)shall, for all information described in paragraph (1) that is permitted to be disclosed to the public under law, make the information available to the public by publishing the information on the website of the Office of Government Ethics, providing a link to download an electronic copy of the information, or providing printed paper copies of such information to the public; and(3)may charge a reasonable fee for the cost of providing paper copies of the information pursuant to paragraph (2).(e)(1)For all information that is provided by an agency to the Director under paragraph (1) of subsection (d), the Director shall make the information available to the public in a searchable, sortable, downloadable format by publishing the information on the website of the Office of Government Ethics or providing a link to download an electronic copy of the information.(2)The Director may, upon request, provide printed paper copies of the information published under paragraph (1) and charge a reasonable fee for the cost of printing such copies..(b)

Repeal

The Ethics in Government Act of 1978 (5 U.S.C. App) is amended by striking section 408.

8036.

Prohibition on use of funds for certain Federal employee travel in contravention of certain regulations

(a)

In general

Beginning on the date of enactment of this Act, no Federal funds appropriated or otherwise made available in any fiscal year may be used for the travel expenses of any senior Federal official in contravention of sections 301–10.260 through 301–10.266 of title 41, Code of Federal Regulations, or any successor regulation.(b)

Quarterly report on travel

(1)

In general

Not later than 90 days after the date of enactment of this Act and every 90 days thereafter, the head of each Federal agency shall submit a report to the Committee on Oversight and Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate detailing travel on Government aircraft by any senior Federal official employed at the applicable agency.(2)

Application

Any report required under paragraph (1) shall not include any classified travel, and nothing in this Act shall be construed to supersede, alter, or otherwise affect the application of section 101–37.408 of title 41, Code of Federal Regulations, or any successor regulation.(c)

Travel regulation report

Not later than one year after enactment of this Act, the Director of the Office of Government Ethics shall submit a report to Congress detailing suggestions on strengthening Federal travel regulations. On the date such report is so submitted, the Director shall publish such report on the Office’s public website.(d)

Senior Federal official defined

In this section, the term senior Federal official has the meaning given that term in section 101–37.100 of title 41, Code of Federal Regulations, as in effect on the date of enactment of this Act, and includes any senior executive branch official (as that term is defined in such section).

8037.

Reports on cost of Presidential travel

(a)

Report required

Not later than 90 days after the date of the enactment of this Act, and every 90 days thereafter, the Secretary of Defense, in consultation with the Secretary of the Air Force, shall submit to the Chairman and Ranking Member of the Committee on Armed Services of the House of Representatives a report detailing the direct and indirect costs to the Department of Defense in support of presidential travel. Each such report shall include costs incurred for travel to a property owned or operated by the individual serving as President or an immediate family member of such individual.(b)

Immediate family member defined

In this section, the term immediate family member means the spouse of such individual, the adult or minor child of such individual, or the spouse of an adult child of such individual.

8038.

Reports on cost of senior Federal official travel

(a)

Report required

Not later than 90 days after the date of the enactment of this Act, and every 90 days thereafter, the Secretary of Defense shall submit to the Chairman and Ranking Member of the Committee on Armed Services of the House of Representatives a report detailing the direct and indirect costs to the Department of Defense in support of travel by senior Federal officials on military aircraft. Each such report shall include whether spousal travel furnished by the Department was reimbursed to the Federal Government.(b)

Exception

Required use travel, as outlined in Department of Defense Directive 4500.56, shall not be included in reports under subsection (a).(c)

Senior Federal official defined

In this section, the term senior Federal official has the meaning given that term in section 8036(d).

E

Conflicts from Political Fundraising

8041.

Short title

This subtitle may be cited as the Conflicts from Political Fundraising Act of 2021.

8042.

Disclosure of certain types of contributions

(a)

Definitions

Section 109 of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended—(1)by redesignating paragraphs (2) through (19) as paragraphs (5) through (22), respectively; and(2)by inserting after paragraph (1) the following:(2)covered contribution means a payment, advance, forbearance, rendering, or deposit of money, or any thing of value—(A)(i)that—(I)is—(aa)made by or on behalf of a covered individual; or(bb)solicited in writing by or at the request of a covered individual; and(II)is made—(aa)to a political organization, as defined in section 527 of the Internal Revenue Code of 1986; or(bb)to an organization—(AA)that is described in paragraph (4) or (6) of section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code; and(BB)that promotes or opposes changes in Federal laws or regulations that are (or would be) administered by the agency in which the covered individual has been nominated for appointment to a covered position or is serving in a covered position; or(ii)that is—(I)solicited in writing by or on behalf of a covered individual; and(II)made—(aa)by an individual or entity the activities of which are subject to Federal laws or regulations that are (or would be) administered by the agency in which the covered individual has been nominated for appointment to a covered position or is serving in a covered position; and(bb)to—(AA)a political organization, as defined in section 527 of the Internal Revenue Code of 1986; or(BB)an organization that is described in paragraph (4) or (6) of section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code; and(B)that is made to an organization described in item (aa) or (bb) of clause (i)(II) or clause (ii)(II)(bb) of subparagraph (A) for which the total amount of such payments, advances, forbearances, renderings, or deposits of money, or any thing of value, during the calendar year in which it is made is not less than the contribution limitation in effect under section 315(a)(1)(A) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30116(a)(1)(A)) for elections occurring during such calendar year;(3)covered individual means an individual who has been nominated or appointed to a covered position; and(4)covered position—(A)means—(i)a position described under sections 5312 through 5316 of title 5, United States Code;(ii)a position placed in level IV or V of the Executive Schedule under section 5317 of title 5, United States Code;(iii)a position as a limited term appointee, limited emergency appointee, or noncareer appointee in the Senior Executive Service, as defined under paragraphs (5), (6), and (7), respectively, of section 3132(a) of title 5, United States Code; and(iv)a position in the executive branch of the Government of a confidential or policy-determining character under schedule C of subpart C of part 213 of title 5 of the Code of Federal Regulations; and(B)does not include a position if the individual serving in the position has been excluded from the application of section 101(f)(5);.(b)

Disclosure requirements

The Ethics in Government Act of 1978 (5 U.S.C. App.) is amended—(1)in section 101—(A)in subsection (a)—(i)by inserting (1) before Within;(ii)by striking unless and inserting and, if the individual is assuming a covered position, the information described in section 102(j), except that, subject to paragraph (2), the individual shall not be required to file a report if; and(iii)by adding at the end the following:(2)If an individual has left a position described in subsection (f) that is not a covered position and, within 30 days, assumes a position that is a covered position, the individual shall, within 30 days of assuming the covered position, file a report containing the information described in section 102(j)(2)(A).;(B)in subsection (b)(1), in the first sentence, by inserting and the information required by section 102(j) after described in section 102(b);(C)in subsection (d), by inserting and, if the individual is serving in a covered position, the information required by section 102(j)(2)(A) after described in section 102(a); and(D)in subsection (e), by inserting and, if the individual was serving in a covered position, the information required by section 102(j)(2)(A) after described in section 102(a); and(2)in section 102—(A)in subsection (g), by striking Political campaign funds and inserting Except as provided in subsection (j), political campaign funds; and(B)by adding at the end the following:(j)(1)In this subsection—(A)the term applicable period means—(i)with respect to a report filed pursuant to subsection (a) or (b) of section 101, the year of filing and the 4 calendar years preceding the year of the filing; and(ii)with respect to a report filed pursuant to subsection (d) or (e) of section 101, the preceding calendar year; and(B)the term covered gift means a gift that—(i)is made to a covered individual, the spouse of a covered individual, or the dependent child of a covered individual;(ii)is made by an entity described in item (aa) or (bb) of section 109(2)(A)(i)(II); and(iii)would have been required to be reported under subsection (a)(2) if the covered individual had been required to file a report under section 101(d) with respect to the calendar year during which the gift was made.(2)(A)A report filed pursuant to subsection (a), (b), (d), or (e) of section 101 by a covered individual shall include, for each covered contribution during the applicable period—(i)the date on which the covered contribution was made;(ii)if applicable, the date or dates on which the covered contribution was solicited;(iii)the value of the covered contribution;(iv)the name of the person making the covered contribution; and(v)the name of the person receiving the covered contribution.(B)(i)Subject to clause (ii), a covered contribution made by or on behalf of, or that was solicited in writing by or on behalf of, a covered individual shall constitute a conflict of interest, or an appearance thereof, with respect to the official duties of the covered individual.(ii)The Director of the Office of Government Ethics may exempt a covered contribution from the application of clause (i) if the Director determines the circumstances of the solicitation and making of the covered contribution do not present a risk of a conflict of interest and the exemption of the covered contribution would not affect adversely the integrity of the Government or the public's confidence in the integrity of the Government.(3)A report filed pursuant to subsection (a) or (b) of section 101 by a covered individual shall include the information described in subsection (a)(2) with respect to each covered gift received during the applicable period..(c)

Provision of reports and ethics agreements to Congress

Section 105 of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following:(e)Not later than 30 days after receiving a written request from the Chairman or Ranking Member of a committee or subcommittee of either House of Congress, the Director of the Office of Government Ethics shall provide to the Chairman and Ranking Member each report filed under this title by the covered individual and any ethics agreement entered into between the agency and the covered individual..(d)

Rules on ethics agreements

The Director of the Office of Government Ethics shall promptly issue rules regarding how an agency in the executive branch shall address information required to be disclosed under the amendments made by this subtitle in drafting ethics agreements between the agency and individuals appointed to positions in the agency.(e)

Technical and conforming amendments

(1)The Ethics in Government Act of 1978 (5 U.S.C. App.) is amended—(A)in section 101(f)—(i)in paragraph (9), by striking section 109(12) and inserting section 109(15);(ii)in paragraph (10), by striking section 109(13) and inserting section 109(16);(iii)in paragraph (11), by striking section 109(10) and inserting section 109(13); and(iv)in paragraph (12), by striking section 109(8) and inserting section 109(11);(B)in section 103(l)—(i)in paragraph (9), by striking section 109(12) and inserting section 109(15); and(ii)in paragraph (10), by striking section 109(13) and inserting section 109(16); and(C)in section 105(b)(3)(A), by striking section 109(8) or 109(10) and inserting section 109(11) or 109(13).(2)Section 3(4)(D) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602(4)(D)) is amended by striking section 109(13) and inserting section 109(16).(3)Section 21A of the Securities Exchange Act of 1934 (15 U.S.C. 78u–1) is amended—(A)in subsection (g)(2)(B)(ii), by striking section 109(11) of the Ethics in Government Act of 1978 (5 U.S.C. App. 109(11))) and inserting section 109 of the Ethics in Government Act of 1978 (5 U.S.C. App.)); and(B)in subsection (h)(2)—(i)in subparagraph (B), by striking section 109(8) of the Ethics in Government Act of 1978 (5 U.S.C. App. 109(8)) and inserting section 109 of the Ethics in Government Act of 1978 (5 U.S.C. App.); and(ii)in subparagraph (C), by striking section 109(10) of the Ethics in Government Act of 1978 (5 U.S.C. App. 109(10)) and inserting section 109 of the Ethics in Government Act of 1978 (5 U.S.C. App.).(4)Section 499(j)(2) of the Public Health Service Act (42 U.S.C. 290b(j)(2)) is amended by striking section 109(16) of the Ethics in Government Act of 1978 and inserting section 109 of the Ethics in Government Act of 1978 (5 U.S.C. App.).

F

Transition Team Ethics

8051.

Short title

This subtitle may be cited as the Transition Team Ethics Improvement Act.

8052.

Presidential transition ethics programs

Section 6(b)(1) of the Presidential Transition Act of 1963 (3 U.S.C. 102 note) is amended—(1)in subparagraph (A), by striking and at the end;(2)in subparagraph (B), by striking the period at the end and inserting a semicolon; and(3)by adding at the end the following:(C)a description of the role of each transition team member, including a list of any policy issues that the member expects to work on, and a list of agencies the member expects to interact with, while serving on the transition team;(D)a list of any issues from which each transition team member will be recused while serving as a member of the transition team pursuant to the transition team ethics plan outlined in section 4(g)(3); and(E)an affirmation that no transition team member has a financial conflict of interest that precludes the member from working on the matters described in subparagraph (C)..

G

Ethics Pledge for Senior Executive Branch Employees

8061.

Short title

This subtitle may be cited as the Ethics in Public Service Act.

8062.

Ethics pledge requirement for senior executive branch employees

The Ethics in Government Act of 1978 (5 U.S.C. App. 101 et seq.) is amended by inserting after title I the following new title:.

H

Travel on Private Aircraft by Senior Political Appointees

8071.

Short title

This subtitle may be cited as the Stop Waste And Misuse by Presidential Flyers Landing Yet Evading Rules and Standards Act or the SWAMP FLYERS Act.

8072.

Prohibition on use of funds for travel on private aircraft

(a)

In general

Beginning on the date of enactment of this subtitle, no Federal funds appropriated or otherwise made available in any fiscal year may be used to pay the travel expenses of any senior political appointee for travel on official business on a non-commercial, private, or chartered flight.(b)

Exceptions

The limitation in subsection (a) shall not apply—(1)if no commercial flight is available for the travel in question, consistent with subsection (c); or(2)to any travel on aircraft owned or leased by the Government.(c)

Certification

(1)

In general

Any senior political appointee who travels on a non-commercial, private, or chartered flight under the exception provided in subsection (b)(1) shall, not later than 30 days after the date of such travel, submit a written statement to Congress certifying that no commercial flight was available.(2)

Penalty

Any statement submitted under paragraph (1) shall be considered a statement for purposes of applying section 1001 of title 18, United States Code.(d)

Definition of senior political appointee

In this subtitle, the term senior political appointee means any individual occupying—(1)a position listed under the Executive Schedule (subchapter II of chapter 53 of title 5, United States Code);(2)a Senior Executive Service position that is not a career appointee, as defined under section 3132(a)(4) of title 5, United States Code; or(3)a position of a confidential or policy-determining character under schedule C of subpart C of part 213 of title 5, Code of Federal Regulations.

I

Severability

8081.

Severability

If any provision of this title or any amendment made by this title, or any application of such provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of the provisions of this title and the amendments made by this title, and the application of the provision or amendment to any other person or circumstance, shall not be affected.

August 11 (legislative day, August 10), 2021Committee discharged pursuant to S. Res. 27, 117th Congress, and placed on the calendar